Can you choose or change joint committee? No

Q: Can an employer choose or change its joint committee?

No. An employer cannot choose its joint committee or change joint committee at will: the committee follows from the actual main activity and only changes when that activity changes or when the first committee was wrong. Article 35 of the Collective Agreements Act lets the King set, per committee, which persons, sectors or businesses fall under it. Article 31 makes a generally binding collective agreement binding on every employer in that scope. According to the FPS Employment, the activity the employer actually carries out in Belgium decides. Membership of an employers' federation, the activity in the trade register and the NSSO code do not count. How to find the right committee: see find your joint committee.

Why you cannot simply change joint committee

Article 35 of the Collective Agreements Act lets the King set, per committee, which persons, sectors or businesses fall under it. Article 31 makes a generally binding collective agreement binding on every employer in that scope. According to the FPS Employment, the activity the employer actually carries out in Belgium decides. Membership of an employers' federation, the activity in the trade register and the NSSO code do not count. How to find the right committee: see find your joint committee.

Exceptions

If your main activity changes, another committee may become competent. You report that to the NSSO, which records the committee you declare. An opinion from the FPS Employment is not required for this, but can support your choice: it takes at least 4 months and is not binding. Blue-collar and white-collar staff may each fall under their own committee.

What is the risk?

If you apply a committee that does not match your activity, the collective agreements of the right committee still apply. If you pay less than the wages due as a result, that is a level 3 offence under Article 162 of the Social Criminal Code, with an administrative fine of € 1,000 to € 10,000 per employee concerned.

What to do

Compare your actual activity with the scope published by the FPS Employment, separately for blue-collar and white-collar staff. If in doubt, ask the FPS Employment for an opinion or have it checked before you change anything in payroll.

Can an employer choose or change its joint committee?

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Sources

Every amount and deadline on this page was checked against these official sources, last consulted on 19 October 2026.